Other conditions decisions — 2020

The Board denied service connection for Systemic Lupus Erythematosus (SLE) as there was no diagnosis of SLE in the medical records, and any symptoms were linked to Discoid Lupus Erythematosus (DLE), which is already service-connected.

The Veteran's claim for a TDIU effective date prior to November 16, 2010 is being remanded due to the need for extraschedular consideration.

The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse for VA Dependency and Indemnity Compensation (DIC) benefits due to a lack of valid common-law marriage between the appellant and the Veteran.

The Board has remanded the case due to unclear accounting of the overpayment debt and a need for updated financial information from the Veteran. The issues are whether the overpayment amount is correct and if repayment would result in undue hardship.

The Board has remanded the case due to the need for clarification of the etiology of the Veteran's throat disability and whether it is related to his service, including exposure to herbicides. The Veteran had a vocal fold mass removed in 2012, but the pathology was benign.

The Board denied the claim of recognizing M.D. as a 'helpless child' due to permanent incapacity for self-support prior to attaining age 18, finding insufficient evidence that his eye disability rendered him incapable of self-support.

The Board has remanded the cases due to failure of the Veteran to report for scheduled VA examinations. The case will be returned after another attempt is made to schedule the requested examinations.

The Board dismissed the appeal as moot because the waiver of overpayment was granted in full.

The Veteran's request for a waiver of overpayment of Post-9/11 GI Bill educational benefits was denied because it was not submitted within the required 180-day period after notification.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the death of the Veteran.

The Board has remanded the case due to missing documents related to the Veteran's clothing allowance for 2014. The VA needs to obtain and associate with the claims file all responsive documents, including statements from the Veteran and his medical providers, treatment records, and a certification regarding the use of knee braces.

The Board granted a 40 percent evaluation for postoperative residuals of fracture of left scaphoid bone, finding that the disability more nearly approximated ankylosis in any other position than favorable.

The Board denied service connection for myelodysplasia syndrome and the cause of death, finding that there was no evidence linking these conditions to the Veteran's military service or exposure to herbicides.

The Board has granted a 10 percent rating for the service-connected left calf muscle disability (MG XI) and a 30 percent rating for the right thigh muscle disability (MG XIII), both effective July 3, 2012. The ratings are based on moderate to moderately severe impairment of the respective muscles.

The Board has remanded the Veteran's claim for total disability rating based on individual unemployability (TDIU) due to a service-connected disability. The matter is being returned to obtain all available federal records from the Social Security Administration.

The Veteran's death was not due to willful misconduct and he had a total disability rating for compensation purposes based on individual unemployability. However, the 10-year requirement for DIC benefits under 38 U.S.C. § 1318 is not met as his last total disability rating was from October 29, 2009.

The Board has remanded the case due to insufficient information regarding the veteran's National Guard service and its eligibility for Post-9/11 GI Bill benefits.

The Board denied the claim of a government-furnished headstone or marker because the decedent served with the Confederate Army, not the U.S. Armed Forces, and his remains are unavailable.

The Board found that the decedent did not have active military service and therefore is not eligible for burial in a VA national cemetery.

The Board denied service connection for chronic myelogenous leukemia, finding that the Veteran's condition was not incurred in or aggravated by his military service and rejecting any presumption of service connection based on ionizing radiation exposure. The evidence did not establish a link between the Veteran's current condition and his active duty.